H.R. 9557

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9557 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 9557

To provide additional benefits to American workers whose employment has 
been impacted as a result of the transition to a clean energy economy.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 12, 2024

Mr. Casar (for himself, Ms. Bonamici, Ms. Lee of Pennsylvania, Mr. 
DeSaulnier, Mr. Deluzio, Ms. Barragan, Mr. Tonko, Mr. Gottheimer, Mr. 
Garamendi, Ms. Norton, Mr. Robert Garcia of California, Ms. Castor of 
Florida, Mr. Takano, and Ms. Escobar) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee 
concerned

_______________________________________________________________________

A BILL

To provide additional benefits to American workers whose employment has 
been impacted as a result of the transition to a clean energy economy.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Energy Worker Opportunity 
Act of 2024''.

SEC. 2. OFFICE OF AMERICAN ENERGY WORKERS.

(a) Establishment of Office.--Not later than 60 days after the date 
of enactment of this Act, there shall be established within the 
Department of the Treasury an office to be known as the Office of 
American Energy Workers. The Office of American Energy Workers shall be 
headed by an Assistant Secretary who shall be appointed by the 
Secretary of the Treasury (referred to in this section as the 
``Secretary'').
(b) Responsibilities of Assistant Secretary.--The Secretary, acting 
through the Assistant Secretary, shall be responsible for--
(1) hiring personnel and making employment decisions with 
regard to such personnel;
(2) issuing such regulations as may be necessary to carry 
out the purposes of this section;
(3) entering into cooperative agreements with other 
agencies and departments to ensure the efficiency of the 
administration of this section;
(4) determining eligibility for benefits provided under 
this section and providing such benefits to qualified 
individuals;
(5) preventing fraud and abuse relating to such benefits;
(6) establishing and maintaining a system of records 
relating to the administration of this section;
(7) ensuring that the Office of American Energy Workers is 
designed a manner that maximizes efficiency and ease of use by 
qualified individuals, which may include establishment and 
deployment of mobile field or satellite offices within eligible 
counties (as defined by the Secretary);
(8) consulting with the Secretary of Labor with respect to 
the benefits provided under this section to avoid duplication 
with other Federal programs to assist qualified individuals; 
and
(9) administering the programs established under this 
section.
(c) Authorization of Appropriations.--Beginning in fiscal year 2025 
and in each fiscal year thereafter, there is authorized to be 
appropriated, out of moneys in the Treasury not otherwise appropriated, 
such sums as may be necessary to administer the office established 
under subsection (a).
(d) Administration.--
(1) Notification.--
(A) In general.--Not later than the date that is 90 
days before the date of the closure of a coal mine or 
fossil-fuel intensive plant, the operator of such mine 
or plant shall provide notice to the Secretary with 
respect to such closure, including such information as 
is determined necessary by the Secretary to determine 
the eligibility of any former employee of such mine or 
plant for any benefits provided under this section, as 
well as the amount of such benefits.
(B) Compliance.--In determining compliance with the 
notification requirement of subparagraph (A), the 
Secretary shall confirm the compliance, as applicable, 
of the coal mine or fossil-fuel intensive plant with 
the notification requirements of the Worker Adjustment 
and Retraining Notification Act (29 U.S.C. 2101 et 
seq.) through communication with the Secretary of Labor 
and, as appropriate, the State or the chief elected 
official of the unit of local government within which 
the closure of such coal mine or fossil-fuel intensive 
plant is to occur.
(2) Closure.--For purposes of this section, the term 
``closure'' means--
(A) with respect to any coal mine, any reduction in 
production occurring after the date of enactment of 
this Act which is accompanied by permanent layoffs; and
(B) with respect to any fossil-fuel intensive 
plant, the permanent closure of one or more generating 
units occurring after the date of enactment of this Act 
which is accompanied by permanent layoffs.
(3) Fossil-fuel intensive plant.--For purposes of this 
section--
(A) In general.--The term ``fossil-fuel intensive 
plant'' means a fixed facility for which the primary 
purpose is processing or utilization of fossil fuels 
for--
(i) the generation of energy or electric 
power; or
(ii) the production of fuels.
(B) Oil refineries.--The term ``fossil-fuel 
intensive plant'' shall include oil refineries.
(4) Qualified individual.--
(A) In general.--For purposes of this section, the 
term ``qualified individual'' means--
(i) any individual--
(I) whose employment was terminated 
as the result of the closure of a coal 
mine or a fossil-fuel intensive plant;
(II) who, prior to such closure, 
was continually employed at such mine 
or plant--
(aa) for a period of not 
less than 12 months; and
(bb) for an average of not 
less than 30 hours a week 
during the 12-month period 
preceding such closure; and
(III) for whom the applicable 
information has been provided to the 
Secretary pursuant to paragraph (1); 
and
(ii) any individual who has been 
determined, pursuant to subparagraph (C), to be 
a fossil-fuel dependent worker.
(B) Railroad and allied industries workers.--
Pursuant to regulations issued by the Secretary, the 
term ``qualified individual'' shall include any 
individual--
(i) whose employment as a railroad worker, 
or whose employment involves coal 
transportation, maintenance, and supply, was 
terminated;
(ii) whose income during the 12-month 
period preceding the closure of a coal mine or 
a fossil-fuel intensive plant has been 
substantially dependent on the continued 
operation of such mine or plant (as determined 
by the Secretary, in coordination with the 
Secretary of Labor); and
(iii) who has applied for benefits provided 
under this section and has provided the 
Secretary with such information as determined 
appropriate by the Secretary.
(C) Fossil-fuel dependent worker.--For purposes of 
subparagraph (A)(ii), the term ``fossil-fuel dependent 
worker'' means an individual who, as determined by the 
Secretary (in coordination with the Secretary of Labor 
and the Secretary of Energy), is--
(i) employed in a fossil-fuel intensive 
industry at a fixed facility or work site which 
has been determined to be likely to close 
within the following 3-year-period; and
(ii) eligible for benefits provided under 
this section based on need.
(e) Wage Replacement.--
(1) In general.--
(A) Payment.--In the case of any qualified 
individual, during the applicable period, the Secretary 
shall provide such individual with payments in an 
amount which, for each month during such period, is 
equal to--
(i) the average amount of monthly 
remuneration for employment paid to such 
individual during the 12-month period prior to 
the termination of their employment (as 
described in subsection (d)(4)); minus
(ii) an amount equal to the sum of--
(I) except as provided under 
paragraph (5)(B), any wages (as defined 
in section 3121(a)) received by such 
individual with respect to employment 
(as defined in section 3121(b)) during 
such month;
(II) any payments made to such 
individual pursuant to a Federal 
benefit program during such month; plus
(III) any unemployment compensation 
(as defined in section 85(b) of the 
Internal Revenue Code of 1986) during 
such month.
(B) Notification.--During the applicable period, a 
qualified individual shall notify the Secretary with 
respect to any wages, payments, or compensation 
described in subparagraph (A)(ii).
(C) Compliance.--
(i) In general.--Notwithstanding section 
6103 of the Internal Revenue Code of 1986, with 
respect to any qualified individual who 
receives a payment under this subsection for 
any month, if the Secretary determines that 
such individual failed to comply with the 
requirement under subparagraph (B) with respect 
to such month, such individual shall be subject 
to a penalty in an amount equal to the lesser 
of--
(I) the amount of such payment for 
such month; or
(II) the amount determined under 
subparagraph (A)(ii) with respect to 
such month.
(ii) No additional payments.--
(I) In general.--No payment shall 
be allowed under this subsection for 
any month during the disallowance 
period.
(II) Disallowance period.--For 
purposes of subclause (I), the 
disallowance period shall be any month 
during the applicable period beginning 
prior to the date on which an 
individual described in clause (i) has 
made full payment with respect to any 
penalty imposed under such clause.
(2) Applicable period.--For purposes of this subsection, 
the term ``applicable period'' means, with respect to any 
qualified individual, the 60-month period subsequent to the 
termination of their employment (as described in subsection 
(d)(4)).
(3) Frequency of payment.--Any payment required to be 
provided to a qualified individual under this subsection shall 
be provided by the Secretary on a basis which is not less 
frequent than once per month during the applicable period.
(4) Adjustment for inflation.--For purposes of any payment 
described in paragraph (1) which is provided to a qualified 
individual during a calendar year beginning after the date that 
the employment of such individual was terminated, such amount 
shall be adjusted in a manner similar to the cost-of-living 
adjustment determined under section 1(f)(3) of the Internal 
Revenue Code of 1986 for such calendar year.
(5) Tax treatment.--Any amount provided to a qualified 
individual under this subsection shall be treated as--
(A) gross income for purposes of the Internal 
Revenue Code of 1986; and
(B) for purposes of section 3101 of such Code, 
wages received by the individual with respect to 
employment.
(f) Health Insurance Benefits.--
(1) In general.--The Secretary shall provide the following 
health insurance benefits:
(A) In the case of a qualified individual who is 
receiving continuation coverage pursuant to part 6 of 
subtitle B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1161 et seq.) and 
section 4980B of the Internal Revenue Code of 1986, the 
Secretary shall transfer, each month, to the group 
health plan (or health insurance issuer offering health 
insurance coverage in connection with such a plan) of 
such qualified individual, the amount required to cover 
the same percentage of the qualified individual's 
monthly premium (including coverage for any qualified 
beneficiaries) that such individual's former employer 
contributed toward such premium during the individual's 
employment.
(B) In the case of a qualified individual who is 
not eligible for continuation coverage as described in 
subparagraph (A), the Secretary shall transfer to the 
qualified individual, each month, an amount equal to 
the amount that the individual's former employer 
contributed each month towards premiums for enrollment 
of the individual and qualified beneficiaries in a 
group health plan (including any health insurance 
coverage offered in connection with such a plan), 
adjusted in accordance with the average increase in 
health insurance premiums for plans offered at the gold 
level of coverage (as described in section 1302(d)(1) 
of the Patient Protection and Affordable Care Act (42 
U.S.C. 18022(d)(1))) in the individual market in the 
applicable State. This amount shall not be considered 
as gross income for purposes of the Internal Revenue 
Code of 1986 provided that the individual provides 
proof that it has been used to purchase health 
insurance coverage that qualifies as minimum essential 
coverage (as defined in section 5000A(f) of the 
Internal Revenue Code of 1986).
(2) Reduction of premiums payable by individuals.--In the 
case of a qualified individual and qualified beneficiaries 
receiving benefits described in paragraph (1)(A) during the 
applicable period of coverage described in paragraph (3)(A), 
such individual and beneficiaries shall be treated for purposes 
of part 6 of subtitle B of title I of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1161 et seq.) and 
section 4980B of the Internal Revenue Code of 1986 as having 
paid in full the amount of such premium for a month if such 
qualified individual and qualified beneficiary pays the total 
monthly premium due, less the amount of benefits paid on behalf 
of such individual and beneficiaries pursuant to paragraph 
(1)(A).
(3) Period of coverage with respect to cobra continuation 
coverage.--For purposes of this subsection, the following shall 
apply:
(A) In general.--Subject to subparagraph (B), with 
respect to a qualified individual or qualified 
beneficiary who is receiving continuation coverage 
pursuant to part 6 of subtitle B of title I of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1161 et seq.) and 4980B of the Internal Revenue 
Code of 1986, the period of coverage described in 
section 602(2) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1162(2)) and section 
4980B(f)(2)(B) of the Internal Revenue Code of 1986 is 
deemed to extend to the date which is 5 years after 
termination of the qualified individual's employment.
(B) End of plan.--With respect to a qualified 
individual and qualified beneficiaries described in 
subparagraph (A), if the employer ceases to provide any 
group health plan to any employee before the period of 
coverage described in such subparagraph ends, or if the 
qualified individual and qualified beneficiaries become 
ineligible for continuation coverage (other than for 
reasons described in paragraph (4)(A)(ii)), such 
qualified individual and qualified beneficiaries shall 
be eligible for benefits described in paragraph (1)(B).
(4) Duration of benefits.--
(A) Benefits with respect to cobra continuation 
coverage.--The benefits described in paragraph (1)(A) 
shall continue until the earlier of--
(i) the date that is 5 years after closure 
of a coal mine or fossil-fuel intensive plant; 
or
(ii) the date on which the qualified 
individual or qualified beneficiary becomes 
ineligible for continuation coverage pursuant 
to subparagraph (C) or (D)(ii) of section 
602(2) of Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1162(2)) or clause (iii) 
or (iv) of section 4980B(f)(2)(B) of the 
Internal Revenue Code of 1986.
(B) Other benefits.--The benefits described in 
paragraph (1)(B) shall continue until the date that is 
5 years after closure of a coal mine or fossil-fuel 
intensive plant.
(C) Special rule.--With respect to a qualified 
individual and qualified beneficiaries, section 
602(2)(C) of the Employee Retirement Income Security 
Act of 1974 and section 4980B(f)(2)(B)(iii) of the 
Internal Revenue Code of 1986 shall apply only if, with 
respect to such individual and beneficiaries, at least 
2 consecutive premium payments are not made.
(5) Outreach.--The Secretary of Labor, in consultation with 
the Secretary of the Treasury and the Secretary of Health and 
Human Services, shall provide outreach consisting of public 
education and enrollment assistance relating to premium 
assistance provided under this subsection, that targets 
employers, group health plan administrators, public assistance 
programs, States, health insurance issuers, and other entities 
as determined appropriate by such Secretaries. Such outreach 
shall initially focus on individuals electing COBRA 
continuation coverage. Information on premium assistance, 
including enrollment, shall be made available on the websites 
of the Departments of Labor, Treasury, and Health and Human 
Services.
(6) Definitions.--In this subsection--
(A) the terms ``group health plan'', ``health 
insurance coverage'', and ``health insurance issuer'' 
have the meanings given such terms in section 733 of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1191b); and
(B) the term ``qualified beneficiary'' has the 
meaning given such term in section 607(3)(A) of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1167(3)(A)).
(g) Retirement Savings Contributions.--
(1) In general.--In the case of a qualified individual, the 
Secretary shall pay to such individual amounts equal to the 
amount of employer contributions (other than elective 
deferrals) which were made to a qualified retirement plan (as 
defined in section 4974(c) of the Internal Revenue Code of 
1986) of the individual as of the last month the individual was 
employed by the employer. Such payments shall be made on the 
same schedule as employer contributions under the plan.
(2) Tax treatment of contributions.--If the qualified 
individual demonstrates that the payments made under paragraph 
(1) are contributed to a qualified retirement plan (as so 
defined) of the individual, such payments shall be treated for 
purposes of the Internal Revenue Code of 1986 as if they had 
been made as employer contributions.
(h) Educational Benefits.--
(1) Definitions.--In this subsection:
(A) Child.--The term ``child'' means, with respect 
to any qualified individual, a son or daughter of such 
individual.
(B) Public, in-state institution or vocational 
school.--The term ``public, in-State institution or 
vocational school'' means a public institution of 
higher education (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a 
public vocational school, of the State in which the 
qualified individual or child resides.
(2) In general.--The Secretary of Education shall carry out 
a program of educational assistance for any qualified 
individual and child of a qualified individual that is 
comparable to the program of education assistance administered 
by the Secretary of Veterans Affairs under chapter 33 of title 
38, United States Code, except that--
(A) a qualified individual, and each child of a 
qualified individual, may receive the educational 
assistance provided under the program; and
(B) the educational assistance shall only be 
available for use--
(i) at a public, in-State institution or 
vocational school; or
(ii) for a program of training services 
included on the most recent list of eligible 
training programs issued under section 122(d) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3152(d)) by the Governor of the 
State in which the qualified individual or 
child of a qualified individual resides.
(i) Priority for Employment.--The Secretary, in coordination with 
the Secretary of Labor, the Secretary of Commerce, and the Secretary of 
Energy, shall, with respect to any clean energy grants which are made 
available after the date of enactment of this Act, give priority to 
employers that intend to hire qualified individuals.
(j) Effective Date.--This section shall take effect on the date of 
the establishment of the Office of American Energy Workers (as 
described in subsection (a)).
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